ML20196K504

Joint Motion for Extension of Time to Respond to Summary Disposition Motions & Motions to Compel on Discovery (Group II & III Contentions).* Submits Schedule & Request Approval for Extensions of Time.With Certificate of Svc

ML20196K504
Person / Time
Site:	07200022
Issue date:	06/30/1999
From:	Chancellor D UTAH, STATE OF
To:	Atomic Safety and Licensing Board Panel
References
CON-#399-20618 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9907090033
Download: ML20196K504 (5)

Text

'

s17 7o DOCKETED USHRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION g

g gg BEFORE THE ATOMIC SAFETY AND LICENSING BOARD OR

, 3:,

In the Matter of:

)

Docket No. 72-22-ISFSI

)

PRIVATE FUEL STORAGE, LLC )

ASLBP No. 97-732-02-ISFSI (Independent Spent Fuel

)

Storage Installation)

)

June 30,1999 JOINT MOTION FOR EXTENSION OF TIME TO RESPOND TO

SUMMARY

DISPOSITION MOTIONS AND MOTIONS TO COMPEL ON DISCOVERY (GROUP II AND III CONTENTIONS)

The State, 'rivate Fuel Storage, LLC (PFS), and the Staff hereby request an extension of time to respond or file to various motions. On June 28,1999 the State and PFS filed responses to each party's Group Il and Group III discovery. In addition, on June 28,1999, the Applicant filed Motions for Summary Disposition on three Group I Contentions. PFS and the State request an extension of time, as detailed below, in which to resolve disputes, prior to filing a Motion to Compel, dealing with simultaneous discovery responses to Group Il and III contentions. The State and the Staff request an extension of time to respond to the Applicant's three new motions for summary disposition.

The enumerated reasons set forth in the State's June 21,1999 Unopposed Motion for Extension of Time to Respond to Summary Disposition Motions for Utah B and Utah Contention K are also applicable to this Motion. In addition, the State 9907090033 990630 PDR ADOCK 07200022 j{

l C

PDR

~,

will file responses to Summary Disposition Motions for Utah Contention Security-A, Security B and Security-C and Utah Contention F/P by July 1,1999.2 Furthermore, the State's respon:e to Summary Disposition for Utah Contention B is due on July 16, and for Contention' K, the response is due on July 22. Also, the State has untilJuly 8, 1999 to file a reply to the Staff on Contention H and until July 28 to file a reply to the Staff on Contention K. Given this schedule the requested extensions are reasonable and will not delay the overall schedule.

The specific extension requests are as follows:

1.

Motions to Compel with respect to Group II and Group III Discovery Responses. Both PFS and the State be permitted to isle Motions *o Co apel by July 20,1999 to each other's discovery responses that were filed on June 28, 1999.

2.

Motion for Summary Disposition, Utah Contentions G (Quality Assurance) and M (Probably Maximum Flood). The Staff will file its response by July 19 (i.e. the Staff is not requesting an extension of time). The State will file its response to the Applicant's Motion and Reply to the Staff's Response by July 30,1999.

3.

- Motion for Summary Disposition Utah Contention R (Emergency Plan). The

)

Staff will file its response to the Motion by July 28 and the State will file its i-8 The State and PFS are presently engaged in settlement negotiations with respect to Contention F/P.

2 t

l l

J

response to the Applicant's Motion and Reply to the Staff's Response by August 9,1999.

Counsel for the State, the Applicant, and the Staff have worked out the above

. schedule and request approval from the Board for the various extensions of time.

.1 l

DATED this 30" day of June,1999.

Resp ly submitted,

)

b Y

Denise ChancelIor, Assistant Attor}ief veniaI Fred G Nelson, Assistant Attorney General Diane Curran, Special Assistant Attorney General Connie Nakahara, Special Assistant Attorney General

' Daniel G. Moquin, Assistant Attorney General Attorneys for State of Utah Ucah Attorney General's Office 160 East 300 South,5th Floor, P.O. Box 140873 Salt Lake City, UT 84114-0873 Telephone: (801) 366-0286, Fax: (801) 366-0292

)

J l

3

1 1

DOCKETED USHRC CERTIFICATE OF SERVICE a9 JUL -6 P 4 :08 I hereby certify that a copy of JOINT MOTION FOR EXTI!NSION OF TIME TO RESPOND TO

SUMMARY

DISPOSITION MOTIdhND ~

ADJUL MOTIONS TO COMPEL ON DISCOVERY (GROUP II AND III CONTENTIONS) was served on the persons listed below by electronic mail (unless otherwise noted) with conforming copies by United States mail first class, this 21st day of May,1999:

Rulemaking & Adjudication Staff Washington, DC 20555 Secretary of the Commission E-Mail: psl@nrc. gov -

U. S. Nuclear Regulatory Commission Washington D.C. 20555 Sherwin E. Turk, Esq.

E-mail: hearingdocket@nrc. gov Catherine L. Marco, Esq.

(originalandtwo copies)

Office of the General Counsel Mail Stop 15 B18

- G. Paul Bollwerk, III, Chairman U.S. Nuclear Regulatory Commission AdministrativeJudge Washington, DC 20555 Atomic Safety and Licensing Board E-Maih set @nrc. gov U. S. Nuclear Regulatory Commission E-Mail: cim@nrc. gov Washington, DC 20555 E-Mail: pfscase@nrc. gov E-Mail: gpb@nrc. gov Jay E. Silberg, Esq.

Dr. Jerry R. Kline Ernest L. Blake,Jr.

Administrative Judge Shaw, Pittman, Potts & Trowbridge Atomic Safety and Licensing Board 2300 N Street, N. W.

U. S. Nuclear Regulatory Commission Washington, DC 20037 8007 Washington, DC 20555 E-Mail: Jay _Silberg@shawpittman.com E-Mail: jrk2@nrc. gov E-Mail: ernest _blake@shawpittman.com kjerry@erols.com E-Mail: paul _gaukler@shawpittman.com Dr. Peter S. Lam John Paul Kennedy, Sr., Esq.

- AdministrativeJudge 1385 Yale Avenue Atomic Safety and Licensing Board Salt Lake City, Utah 84105 U. S. Nuclear Regulatory Commission E-Mail: john @kennedys.org 4

(( o.

James M. Cutchin Atomic Safety and Licensing Board Panel a

U.S. Nuclear Regulatory Commission Richard E. Condit, Esq.

Washington, D.C. 20555-0001 Land and Water Fund of the Rockies E-Mail: jmc3@nrc. gov 2260 Baseline Road, Suite 200 -

(electronic copy only)

Boulder,' Colorado 80302 E-Mail: rcondit@lawfund.org Office of the Commission Appellate Adjudication i

Joro Walker, Esq. _

Mail Stop: 16-G-15 OWFN Land and Water Fund of the Rockies U. S. Nuclear Regulatory Commission 165 South Main, Suite 1 Washington, DC 20555 Salt Lake City, Utah 84111 (UnitedStates mailonly)

E-Mail: joro61@inconnect.com Danny Quintana, Esq.

Danny Quintana & Associates, P.C.

50 West Broadway, Fourth Floor Salt Lake City, Utah 84101 E-Mail: quintana @xmission.com boM Denise Chancells Assistant Attorney General State of Utah l

j i

i 1